SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Online)(RAJ) 3118

HIGH COURT OF RAJASTHAN
ANOOP KUMAR DHAND
KESHAV KUMAR SHARMA SON OF SHRI RAJKUMAR SHARMA, – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMP/9218/2022



Inherent powers of the court under Section 482 Cr.P.C. can be invoked to quash an FIR in case of a compromise between the parties.

Headnote:

CRIMINAL LAW - QUASHING OF FIR - SECTION 354 IPC - COMPROMISE - INHERENT POWERS OF THE COURT

Fact of the Case:

The petitioner filed a criminal misc. petition for quashing of FIR No.486/2022 registered with Police Station Karni Vihar, District Jaipur for the offence under Section 354 IPC. The parties had compromised the matter and a compromise deed was filed before the Court.

Finding of the Court:

The Court allowed the criminal misc. petition and quashed the impugned FIR No.486/2022, registered with Police Station Karni Vihar, Jaipur for the offence under Section 354 IPC.

Issues: Whether the FIR should be quashed in light of the compromise between the parties.

Ratio Decidendi: The Court relied on the decisions of the Apex Court in Gian Singh Vs. State of Punjab & Anr. reported in (2012) 10 SCC 303 & State of Madhya Pradesh Vs. Laxmi Narayan & Ors., reported in (2019) 5 SCC 688 and held that the compromise arrived at between the parties and the fact that the compromise is not disputed by the counsel for the complainant, it is just and appropriate to invoke inherent powers of this Court under Section 482 Cr.P.C. and quash the FIR.

Final Decision: The Court allowed the criminal misc. petition and quashed the impugned FIR No.486/2022, registered with Police Station Karni Vihar, Jaipur for the offence under Section 354 IPC.

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 9218/2022

Keshav Kumar Sharma Son Of Shri Rajkumar Sharma, Aged

About 17 Years, R/o D/89/a, Flat No. F-2, Shri Shyam Residency

Ambha Path Ayodhya Nagar, Vaishali Nagar Through Natural

Guardian Father Shri Raj Kumar Sharma S/o Ram Prakash

Sharma Aged About 47 Years, R/o D/89/a, Flat No. F-2, Shri

Shyam Residency Ambha Path Ayodhya Nagar, Vaishali Nagar,

Jaipur Rajasthan.

----Petitioner

Versus

1.

State Of Rajasthan, Through The Learned Public

Prosecutor

2.

Ashok Kumar Sharma Son Of Shri Kanchi Lal Sharma,

Aged About 35 Years, R/o R/o D/89/a, Flat No. F-2, Shri

Shyam Residency Ambha Path Ayodhya Nagar, Vaishali

Nagar.

----Respondents

For Petitioner(s)

:

Mr. Majhar Hussain

For Respondent(s)

:

Mr. Atul Sharma, PP

Mr. Riyaz Ahamed

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

03/01/2023

Present criminal misc. petition has been filed for

quashing of FIR No.486/2022 registered with Police Station Karni

Vihar, District Jaipur for the offence under Section 354 IPC.

Learned counsel for the petitioner submits that the

parties have compromised the matter and a compromise deed has

been filed before this Court.

Learned Public Prosecutor submits that the compromise

deed was produced before the Investigating Officer and as per the

(2 of 2)

[CRLMP-9218/2022]

factual report received, the same has been verified by the

Investigating Officer.

Learned counsel for the petitioner has placed reliance

on the decision of the Apex Court in the case of Gian Singh Vs.

State of Punjab & Anr. reported in (2012) 10 SCC 303 &

State of Madhya Pradesh Vs. Laxmi Narayan & Ors.,

reported in (2019) 5 SCC 688 and submits that the

proceedings arising out of the FIR be quashed.

In the view of the aforementioned compromise arrived

at between the parties and considering the fact that the

compromise is not disputed by the counsel for the complainant

and as also applying the principles laid down by the Apex Court in

the case of Gian Singh (supra) and Laxmi Narayan (supra), this

Court deems it just and appropriate to invoke inherent powers of

this Court under Section 482 Cr.P.C.

Accordingly, this criminal misc. petition is allowed.

Impugned FIR No.486/2022, registered with Police Station Karni

Vihar, Jaipur for the offence under Section 354 IPC is quashed.

Stay application and all pending applications, if any,

stand disposed of.

Factual report produced by the learned Public

Prosecutor is taken on record.

(ANOOP KUMAR DHAND),J

KuD/21

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top